A. W. McChesney, Affidavit

KYR-0001-004-2751.xml

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Citation
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Accession Number

KYR-0001-004-2751

Document Genre

Legal/Financial

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867

Item Location

BR16-437 to BR16-440

Place of Creation

Caldwell County, Kentucky

Date of Creation

30 November 1865

Dates Mentioned

1865-11

1865-11-30

1864-08

1865-01

1865-12-07

1865-06-18

1865-06

1866-01-06

A. W. McChesney, Affidavit, 30 November 1865, Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867, BR16-437 to BR16-440, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-004-2751, (accessed April 27, 2024).

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Caldwell Circuit Court
November Term 1865

To wit follows the answer of W M^cChesney filed & noted in open court Novr 30^th 1865. reading as follows viz --

The defendant A W M^cChesney for answer to the sumons on forfeited recognizance against him says, that said R. W M^cChesney for whose appearance to answer the indictment mentioned in said summons was about the [ ] day of august 1864 conscripted and forced in the confiderate service by one captain Webster an officer of said service, the said Webster forcibly taking said S W M^cChesney into the confederate army. and by threats of death if he abandoned the same. and he was thus forcibly detained in said service by such threats &^c until he was taken by said confederate officer to the state of Alabama where he was captured by the federal soldiers, and made a prisenor about the [ ] day of January 1865. and was sent from thence by the federal authorities as a prisonor of war, to camp or fort delaware in the state of Maryland and was so confined as such prisoner in said fort Delaware from that time until the calling of said indictment for trial, and at the time he said R W M^cChesney was recognized to appear and answer the charge in said indictment. he was still a prisoner in fort Delaware, and could not be present to answer said indictment according to the condition of said recognizance
< 2 >
as he intended and desired to do, and he says said R W M^cChesney was conscripted by the public enemy of the united states government, without his consent and against his will & against the consent and will of this respondant, and that in consequence of said conscription and imprisonment without the fault of said R W M^cChesney or this affiant he said R W M^cChesney was unable to appar in discharge of said Recognizance, wherefore he prays to be hence dismissed &^c

A. W. M^c.Chesney.

A Copy attest J C Barnes clk
By F. W. Dabney ,,D C,,

To wit follows the amd ans of A W M^cChesney filed & noted in open Court Decr 7^th 1865. reading thus viz

The defendant A W M^cChesney by way of amendment to his original answer in response herein says, that said Walter R M^cChesney for whom he was bail as stated in his original answer was anxious and intended to be present at the time of calling of indictment against him as stated in his original answer, but was prevented in the manner as therein stated, that immediately after his discharge from fort delaware he started for his home in Caldwell County Kentucky with the intention of submitting himself to the trial of said indictment at the earliest opportunity and that he came as far on his way home as the County of Union some 40 miles from Princeton Ky. that he arrived in Union County about the 18^th day of June 1865. and there learning that several murders=
< 3 >
had been perpetrated in the vicinity of his home, and that there were bands of lawless men associated together for the purpose of murdering persons of his belief and said W R M^cChesney believing at the time that if he returned home to Caldwell County, that his life would be greatly endangered, and probably lost, and through fear of his life, and by advise of his friends he crossed west of the Ohio river where he still remains on account of the fears he then and now entertains as he does verily believes, he says that he does believe that said W R M^cChesney would have been present at the present term of this Court to submit himself to trial on the indictment against him, but for the fact, that he was at the time and still is afraid of his life if he were to return to Caldwell County, He says he received from said W R M^cChesney a letter to the effect above stated dated [ ] day of June 1865 and written by said W R M^cChesney in the County of Union, and he says that he believes it to be true that said M^cChesney was at that time on his way home with the view of meeting said indictment, and would have done so but for the fears of his life which he then and still entertains, He further says, that it is true that several persons in the vicinity of said M^cChesneys residence had shortly before the date of said letter been murdered by lawless bands of men within 10 or 20 miles of his residence, He says=
< 4 >
he does believe, that said W R M^cChesney was kept away at the present term, and is still kept away by the well grounded fears of his life that he then and still entertains, Wherefore he prays as in his original answer.

A W M^cChesney

A Copy
Atteste J C Barnes Clk
By F. W. Dabney D C

Towit follows the answer of Alfred Beckner filed & noted in open Court Nov 30^th 1865 reading thus viz=

The defendant Alfred Beckner for answer to summons on forfeited recognizance against him says that said R W M^cChesney for whose appearance to answer the indictment mentioned in said Summons was about the [ ] day of August 1864, conscripted and forced into the Confederate service by one Captain Webster an officer of said service, said confederates being then engaged in war against the United States, The said Webster forcibly taking said S W M^cChesney into the confederate army and by threats of death if he abandoned the same, and he was thus forcibly detained in said service by such threats &^c until he was taken by said confederate=
< "5" >
officer to the State of Alabama, where he was captured by the federal soldiers and made a prisoner about the [ ] day of January 1865 and was sent from thence by the federal authorities as a prisoner of War to fort Delaware in the state of Maryland, and was so confined as such prisoner in fort Delaware from that time until the calling of said indictment for trial, and at the time he said R W M^cChesney was recognized to appear and answer the charge in said indictment, he was still a prisoner in fort Delaware, and could not be present to answer said indictment according to the condition of the said recognizance as he intended and desired to do, and he says said R W M^cChesney was conscripted without his consent & against his will, by the public enemies of the government of the United States, and against the consent and will of this respondant, and that in consequence of said conscription and imprisonement without the fault of said R W M^cChesney or of this respondant he said M^cChesney was unable to appear in discharge of said recognizance. Wherefore he prays to be hence dismissed &^c

Alfred Beckner

A Copy atteste J C Barnes
By F W Dabney D C
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To wit follows the amd ans of Alfred Beckner filed & noted in open court Decr 7^th 1865, reading as follows viz=

The defendant Alfred Beckner states by way of amendment to his original answer, that Walter R M^cChesney for whom he was bail as staed in his original answer was ancious and intended to be present at the calling of the indictment against him as stated in his original answer, but was presvented in the manner therein stated, That immediately after his discharge from Fort Delaware he started for his home in Caldwell County Ky with the intention of submitting himself to trial on said indictment at the earliest opportunity, and that he came as far on his way home as the County of Union Ky some 40 miles from princeton Ky, that he arrived in Union County about the 18^th day of June 1865 and there learning, that several murders had been perpetrated in the vicinity of his home, and that there were bands of lawless men associated together for the purpose of murdering persons of his belief and said M^cChesney believed at the time, that if he returned home to Caldwell County, that his life would be greatly endangered and probably lost and through fear of his life, and by advise of his friends, he crossed west=
< 7 >
of the Ohio river whence he still remains on account of the fears he then and now entertains as he does verily believes, He says he does believe that said M^cChesney would have been present at the present term of this court to submit himself to trial on the indictment against him but for the fact, that he was at the time, and still is afraid of his life if he were to return to Caldwell County, He says, it is true that several persons in the vicinity of said M^cChesney's residence, that is within 10 to 20 miles had shortly before that time been murdered by lawless bands of men He says he does believe that said M^cChesney was kept away at the present term, and is still kept away by the well grounded fears of his life, that he then, and still entertains, Wherefore he prays as in his original answer.

Alfred. Beckner,

A Copy
atteste J C Barnes Clk
By F W Dabney D C

Caldwell Cir Ct
vs
R W M^cChesney $1500
Forfeiture
[...]
Comlth
Beckner } Copy ans & amd ans
[...]
Same
& Beckner

for $300.
Forfeiture
A Copy
Remit
6^th Jany/66
fee $1.75

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